Marine Safety (Misuse of Alcohol) Act 2006
30Blood-sampling of person incapable of consenting, and related duty of medical practitioner
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30 Blood-sampling of person incapable of consenting, and related duty of medical practitioner
(1) This section applies if –
(a) a person is liable under this Act to submit to a blood-sampling; and
(b) the person is being treated by a medical practitioner; and
(c) the medical practitioner informs a police officer that the person is, by reason of a physical or medical condition, incapable of consenting to the blood-sampling.
(2) The police officer may request the medical practitioner to carry out the blood-sampling.
(3) It is the medical practitioner's duty to comply with the request unless he or she is of the opinion that to do so would be prejudicial to the person's proper care or treatment.
(4) However, in order to comply with the request, the medical practitioner may treat any sample of blood that has already been taken from the person in connection with the person's diagnosis or treatment, and is available for analysis, as having been taken pursuant to the request.